By accessing SecondWind Marketplace you are agreeing to be bound by the Terms and Conditions set forth, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained on this site are protected by applicable copyright law.

Location
SecondWindMarketplace.com is owned and operated by SecondWind Marketplace, LLC in Waukesha, WI.

Material
The materials and content on SecondWind Marketplace are provided "as is". SecondWind Marketplace makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SecondWind Marketplace does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its site or otherwise relating to such materials or on any sites linked to this site.

Websites or Domains for Sale
SecondWind Marketplace does not verify or control the content of the websites or domains for sale at www.secondwindmarketplace.com. Any views, representations or opinions, and all other content present are solely those of the website owner, or website owner's designated agent.

The information contained in the listings on SecondWind Marketplace has been provided by the seller and has not been verified by SecondWind Marketplace. We make no guarantee, warranty or representation. It is your responsibility to confirm the accuracy and completeness - including, but not limited to, the ownership of any website or domain listed. You should conduct a careful, independent investigation of the website or domain to determine to your satisfaction the suitability of your needs.

As a registered user of SecondWind Marketplace you may only hold one user account, each user account is non-transferable. If SecondWind Marketplace suspects a user has more than one account or has transferred their account to another user, you may be temporarily suspended or banned from use. In addition, users who are banned permanently can expect no refund of any monies paid.

Buying
By bidding on an auction or listing:
-Your bid amount will be disclosed to the seller.
-Your user ID will be viewable by all registered users, but not your bid amount.
-Your contact details will be communicated to the seller if you are the winning bidder.
-Your bid is legally binding and irrevocable until a higher bid is accepted.
-You may not withdrawal your bid.
-You accept that your bid may rejected by the seller for any reason, including no reason at all.
-Buy Now offers may only be placed if the BN price has not yet been matched or exceeded by an accepted bid.
-When a Buy Now offer is placed, no other bids may be placed until that bid is accepted or rejected.
-Acceptance of a Buy Now offer means the user who placed that offer is the winner, and the auction is won.
-You may provide listing comments, however they should only be made to further the sale process. Negative comments are strictly disallowed, users who are consistently suspect of posting defacing material may be temporarily suspended or banned.

By making a bid or Buy Now offer:
-Offers or bids must be in $5 increments or whole dollar amounts.
-Offers or bids less than the minimum offer will not be accepted by the system.
-Offers or bids may not be retracted at any point.
-Offers or bids are legally binding and irrevocable once accepted by the seller.
-A user making a winning bid or offer is obliged to buy for the amount of the winning bid or offer.
-Private offers outside the SecondWind Marketplace are forbidden.

Selling
By submitting a listing:
-You grant SecondWind Marketplace a permanent, irrevocable and unrestricted license to store and display the details of your listing.
-You agree that in the event of a sale your contact details will be sent to the winning bidder.
-You must have the right and good faith intention to sell the item listed.
You are obliged to sell the item you listed to the user who made the winning bid or offer.
-You must provide and fully disclose the details of the item for sale, and must not knowingly hide public information from view.
-You may not list the item for sale through by any other means or channel while listed on SecondWind Marketplace.
-You must own or have the ability as an registered agent to transfer a domain name to another registrar.
-You may place not bid or offer on your own listing, either on their own behalf or through someone else.
-You may not reject a bid then accepted it; consequentially you may not also accept a bid then rejected it.

You may not link to external sites containing:
-Copyright or infringing material.
-Contain material or link to an external site classified as self-promotion, such as page affiliated with another user or yourself.
-Contain external links considered suspicious unless they're contextually related to the listing.
-You are agreeing to any listing not meeting any of the above guidelines may be suspended or removed without refund.

By holding an auction:
-An auction is completed once it has ended.

Limitations
In no event shall SecondWind Marketplace, its agents, employees or owner be liable for any damages (including special, indirect or consequential) arising out of or in connection with the use or performance of the site or the websites for sale on our site. This website, and the content present on it, may from time to time, not be accessible due to power or telecommunication difficulties or planned system outages.

Revisions
The materials appearing on SecondWind Marketplace's site could include technical, typographical, or photographic errors. SecondWind Marketplace does not warrant that any of the materials on its web site are accurate, complete, or current. SecondWind Marketplace may make changes to the materials contained on its web site at any time without notice; however we will make every effort to notify you if you are a registered user and accept communication from us. You can control this by accessing your Account Settings. Simply log in, access the Settings page, and make your changes.

Links
SecondWind Marketplace has not reviewed all of the sites linked to its site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SecondWind Marketplace of the site. Use of any such linked web site is at the user's own risk.

Governing Law
Any claim relating to SecondWind Marketplace's web site shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.

Our Role
SecondWind Marketplace does not enter into financial transactions between buyers and sellers and is a neutral facilitator only. We are not be responsible for either party to follow through with any obligations, agreed or otherwise. The content of listings is the responsibility of the respective sellers including compliance with all laws and not engaging in misleading and/or deceptive behavior. SecondWind Marketplace is not liable for any violations of rights for any third party, including intellectual property rights, trade mark rights, and copyright infringement resulting from a website or domain listing. SecondWind Marketplace reserves the right to remove any listing, bid, offer or comment from the system at its own discretion for any reason, including none at all.

Site Terms and Conditions Modifications
SecondWind Marketplace may revise these terms for its site at any time without notice, but we will generally email registested users with any updates. By using this site you are agreeing to be bound by the then current version of these Terms and Conditions.

This policy was last modified on 9/28/2010.